82 FR 39007 - Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and Technology

Executive Office of the President

Federal Register Volume 82, Issue 158 (August 17, 2017)

Page Range		39007-39008
FR Document		2017-17528

Federal Register, Volume 82 Issue 158 (Thursday, August 17, 2017)

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Presidential Documents]
[Pages 39007-39008]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17528]




                        Presidential Documents 



Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 39007]]

                Memorandum of August 14, 2017

                
Addressing China's Laws, Policies, Practices, and 
                Actions Related to Intellectual Property, Innovation, 
                and Technology

                Memorandum for the United States Trade Representative

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby directed as follows:

                Section 1. Policy. It is the policy of the United 
                States for our trade relations to enhance our economic 
                growth, contribute favorably to our balance of trade, 
                promote reciprocal treatment of American goods and 
                investment, and strengthen the American manufacturing 
                base.

                The United States is a world leader in research-and-
                development-intensive, high-technology goods. 
                Violations of intellectual property rights and other 
                unfair technology transfers potentially threaten United 
                States firms by undermining their ability to compete 
                fairly in the global market. China has implemented 
                laws, policies, and practices and has taken actions 
                related to intellectual property, innovation, and 
                technology that may encourage or require the transfer 
                of American technology and intellectual property to 
                enterprises in China or that may otherwise negatively 
                affect American economic interests. These laws, 
                policies, practices, and actions may inhibit United 
                States exports, deprive United States citizens of fair 
                remuneration for their innovations, divert American 
                jobs to workers in China, contribute to our trade 
                deficit with China, and otherwise undermine American 
                manufacturing, services, and innovation.

                Sec. 2. Determination of Whether to Conduct 
                Investigation. The United States Trade Representative 
                shall determine, consistent with section 302(b) of the 
                Trade Act of 1974 (19 U.S.C. 2412(b)), whether to 
                investigate any of China's laws, policies, practices, 
                or actions that may be unreasonable or discriminatory 
                and that may be harming American intellectual property 
                rights, innovation, or technology development.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 39008]]

                    (d) You are hereby authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, August 14, 2017.

[FR Doc. 2017-17528
Filed 8-16-17; 8:45 am]
Billing code 3290-F7-P

$39007 Federal Register Presidential Documents Vol. 82, No. 158 Thursday, August 17, 2017 Title 3— Memorandum of August 14, 2017 The President Addressing China’s Laws, Policies, Practices, and Actions Re- lated to Intellectual Property, Innovation, and Technology Memorandum for the United States Trade Representative By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed as follows: Section 1. Policy. It is the policy of the United States for our trade relations to enhance our economic growth, contribute favorably to our balance of trade, promote reciprocal treatment of American goods and investment, and strengthen the American manufacturing base. The United States is a world leader in research-and-development-intensive, high-technology goods. Violations of intellectual property rights and other unfair technology transfers potentially threaten United States firms by under- mining their ability to compete fairly in the global market. China has imple- mented laws, policies, and practices and has taken actions related to intellec- tual property, innovation, and technology that may encourage or require the transfer of American technology and intellectual property to enterprises in China or that may otherwise negatively affect American economic interests. These laws, policies, practices, and actions may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation. Sec. 2. Determination of Whether to Conduct Investigation. The United States Trade Representative shall determine, consistent with section 302(b) of the Trade Act of 1974 (19 U.S.C. 2412(b)), whether to investigate any of China’s laws, policies, practices, or actions that may be unreasonable or discrimina- tory and that may be harming American intellectual property rights, innova- tion, or technology development. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 21:19 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17AUO0.SGM 17AUO0$

Document Created: 2017-08-17 01:42:30
Document Modified: 2017-08-17 01:42:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		82 FR 39007